SUV Stolen-MATEO
Hey guys,
I left my truck (1998 Honda Passport) at the repair center to be repaired. It had been there for about three weeks and somebody climbed the fence and stole it. The repair guys had left the keys in all the vehicles in the back. The people who stole it rammed it through the fence to get it out. In doing this they bust the windshield and did major damage to the vehicle. Not to mention, they blew my engine up. Is the auto repair center liable for this? Should I contact an attorney?? Police found vehicle parked over somebody's house.
I left my truck (1998 Honda Passport) at the repair center to be repaired. It had been there for about three weeks and somebody climbed the fence and stole it. The repair guys had left the keys in all the vehicles in the back. The people who stole it rammed it through the fence to get it out. In doing this they bust the windshield and did major damage to the vehicle. Not to mention, they blew my engine up. Is the auto repair center liable for this? Should I contact an attorney?? Police found vehicle parked over somebody's house.
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I'm a 15 year old idiot, but common sense says you left the vehicle in their possession, and They left the keys in the truck -- Their fault?
Don't they have insurance?
Edit your post - and after SUV Stolen put --- MATEO
Hes smart with law stuff, hmmmm wonder why [;)] he MIGHT help you. No promises0 -
since it was largely due to their lack of care that said vehicle was stolen, they are indeed liable 0 -
Any garage should have liability insurance and a part of that policy should be "garagekeepers liability". You left your vehicle in their "care, custody and control" and the degree should be "great care" when dealing with a vehicle.
I am not up on rules and regulations regarding insurance and state requirements but this is the way it was when I was in the business.
RJSnow0 -
The garage as a business enterprise had control over private property, and as such obligated to exert "reasonable care".
A "reasonable person" would never be so careless as to allow for a third party get hold of a vehicle's key entrusted under their care.
Liable? Yes.0 -
Have they given you any reason to believe that they're going to give you trouble over this? (They may be waiting on their insurance company to cut a check) Should be replacement value instead of "totaled" because if it's totaled the value will be about $500! If they start hemming and hawing hit em for everything you can! [}:)]
Allen0 -
I think I saw this on Judge Judy. The key phrase is reasonable care. You say they jumped the fence. How high was the fence? Did it have barbed wire on the very top? Did the crooks just jump over or did they have to climb? You'll have to prove they left the keys in the vehicle, the repair center will probably claim the keys were locked up in a key box in the office. They will not just come out and say my bad, heres your money for the vehichle. 0 -
quote:Originally posted by knifeusercollections
I think I saw this on Judge Judy. The key phrase is reasonable care. You say they jumped the fence. How high was the fence? Did it have barbed wire on the very top? Did the crooks just jump over or did they have to climb? You'll have to prove they left the keys in the vehicle, the repair center will probably claim the keys were locked up in a key box in the office. They will not just come out and say my bad, heres your money for the vehichle.
It was on Judge Judy, not to long ago. It was all about reasonable care.0 -
look and see what kind of paperwork they had you sign when you left it. "not responsible for theft"? you weren't thinking 'theft' of the whole truck, huh! 0 -
Call YOUR insurance company and let them deal with the shop. It is why you pay them. 0 -
This falls under a principle of law called "Bailment."
A bailment is the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property.
Examples: bonds left with the bank, autos parked in a garage, animals lodged with a kennel, or a watch left with a jewler for repair.
While most are "bailments for hire" in which the custodian (bailee) is paid, there is also "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible, such as when a finder of a lost diamond ring places it with a custodian pending finding the owner.
Unless you signed a "contract" stating otherwise, or state law specifically speaks to this otherwise, the garage is responsible.
Having said this, get ready to battle the various souless and morally bankrupt insurance companies.0 -
With MATEO in the title that way, I wondered if you were blaming him for stealing it. [:0]
Anyway, good luck.0 -
quote:Originally posted by mateomasfeo
Having said this, get ready to battle the various souless and morally bankrupt insurance companies.
If only there was an insurance adjuster around here now...
Good luck. Hopefully, your insurance companies lawyer will fight their insurance companies lawyer.0 -
Thanks for the info guys. The guys climbed over the 7 ft fence and then used my vehicle to push a camaro out the way. When I received the call to come to the shop, the owner told me that they leave the keys in the cars and they could have taken any car back there. 0 -
when it is proven that the keys were used I.E. (no damage to the ignition or other evidence of hot-wiring) they won't have a leg to stand on. That is assuming your insurance co. is worth a darn. 0 -
quote:Originally posted by gaeducator
Hey guys,
I left my truck (1998 Honda Passport) at the repair center to be repaired. It had been there for about three weeks and somebody climbed the fence and stole it. The repair guys had left the keys in all the vehicles in the back. The people who stole it rammed it through the fence to get it out. In doing this they bust the windshield and did major damage to the vehicle. Not to mention, they blew my engine up. Is the auto repair center liable for this? Should I contact an attorney?? Police found vehicle parked over somebody's house.
Are they liable? I don't have enough information.
Are they responsible? It depends on their insurance policy. If they have Direct Primary liability, then their insurance company will pay you for the damages. If they have Legal Liability, you have to prove that they did not do something that a prudent person would do to protect your vehicle.
Should you hire an attorney? I think that's an inappropriate step at this point in time and could wind up costing you unnecessary money.
Talk to the shop, demand they turn in a claim to their insurance carrier first.
Oh yeah, do your research on the vehicle to make sure that, if it is totalled, you'll have realistic figures.0 -
quote:Originally posted by JustC
when it is proven that the keys were used I.E. (no damage to the ignition or other evidence of hot-wiring) they won't have a leg to stand on. That is assuming your insurance co. is worth a darn.
My thoughts also.0 -
quote:Originally posted by spryor
quote:Originally posted by JustC
when it is proven that the keys were used I.E. (no damage to the ignition or other evidence of hot-wiring) they won't have a leg to stand on. That is assuming your insurance co. is worth a darn.
My thoughts also.
No, wrong.
Again, the test here for legal liability is whether or not a shop owner/employee did what a prudent person would do.
If their Garagekeeper's policy is Direct Primary, you don't have to prove a thing. You only have to prove something if it is Legal Liability.
Chances are the shop owner doesn't even know. Good shops will spend the extra money for Direct Primary. Those going for the cheapest premiums possible will have Legal Liability.0 -
sorry to break it everyone, but they may not be responsible
in 87 i dropped off my 69 dodge super bee to be restored, a few months later the business moves their location, and in the process of them moving my car was stolen along with several others, two years in court, they produced a document that stated they where not responsible for damages, it was their standard contract, but i never signed it, the judge still ruled in their favor
all they have to have is a sign anywhere on the property "not responsible for lost, stolen or damaged property"
as in my case it was behind a fence, part of the judges decision was they "reasonable" attempted to secure it, i wish you the best of luck with yours, i still feel i was railroaded0 -
"reasonable" in this state won't fly with the keys in the ignition. LEO told me that if your car gets stolen while you are in the store and you left the keys in it,.......sorry bout your luck. Reasonable people don't leave their keys in the ignition when there is a perfectly good building sitting there. MHO 0 -
Is "resonable" even a word our court system knows..?[;)] 0 -
quote:Originally posted by spryor
Is "resonable" even a word our court system knows..?[;)]
It's in the Canadian Criminal Code, eh.
Sometimes our court system looks to international law.0 -
quote:Originally posted by 1911a1fan
sorry to break it everyone, but they may not be responsible
in 87 i dropped off my 69 dodge super bee to be restored, a few months later the business moves their location, and in the process of them moving my car was stolen along with several others, two years in court, they produced a document that stated they where not responsible for damages, it was their standard contract, but i never signed it, the judge still ruled in their favor
all they have to have is a sign anywhere on the property "not responsible for lost, stolen or damaged property"
as in my case it was behind a fence, part of the judges decision was they "reasonable" attempted to secure it, i wish you the best of luck with yours, i still feel i was railroaded
This is not accurate. You cannot simply put up a sign and alleviate yourself of responsibility. Otherwise, one could put up a sign warning you that they weren't responsible for any injuries on the property, punch you in the nose, and then say, "But there's a sign!" Courts have found, time and time again ad nauseum, that those signs do not transfer or negate liability.0 -
quote:Originally posted by spanielsells
quote:Originally posted by 1911a1fan
sorry to break it everyone, but they may not be responsible
in 87 i dropped off my 69 dodge super bee to be restored, a few months later the business moves their location, and in the process of them moving my car was stolen along with several others, two years in court, they produced a document that stated they where not responsible for damages, it was their standard contract, but i never signed it, the judge still ruled in their favor
all they have to have is a sign anywhere on the property "not responsible for lost, stolen or damaged property"
as in my case it was behind a fence, part of the judges decision was they "reasonable" attempted to secure it, i wish you the best of luck with yours, i still feel i was railroaded
This is not accurate. You cannot simply put up a sign and alleviate yourself of responsibility. Otherwise, one could put up a sign warning you that they weren't responsible for any injuries on the property, punch you in the nose, and then say, "But there's a sign!" Courts have found, time and time again ad nauseum, that those signs do not transfer or negate liability.
Just like a release form i used to make people sign before they came into my workshop. Someone i know that did the same said a lawyer told him "the releaseisn't worth the paper it's written on".0 -
quote:Originally posted by spanielsells
quote:Originally posted by 1911a1fan
sorry to break it everyone, but they may not be responsible
in 87 i dropped off my 69 dodge super bee to be restored, a few months later the business moves their location, and in the process of them moving my car was stolen along with several others, two years in court, they produced a document that stated they where not responsible for damages, it was their standard contract, but i never signed it, the judge still ruled in their favor
all they have to have is a sign anywhere on the property "not responsible for lost, stolen or damaged property"
as in my case it was behind a fence, part of the judges decision was they "reasonable" attempted to secure it, i wish you the best of luck with yours, i still feel i was railroaded
This is not accurate. You cannot simply put up a sign and alleviate yourself of responsibility. Otherwise, one could put up a sign warning you that they weren't responsible for any injuries on the property, punch you in the nose, and then say, "But there's a sign!" Courts have found, time and time again ad nauseum, that those signs do not transfer or negate liability.
That is exactly right. All the sign does is prove you know there is a problem. When you know there is a problem and do nothing to alleviate the problem you assume liability.0 -
i sure wish you armchair lawyers worked for me back in 97, after 2 years of work the judge was out 5 minutes when he came back with his ruling that they where not responsible for my car
this was not my opinion, i guess someone didn't read all my post as to where this actually happened to me, i still have all the documents0 -
They should fix it without you having to get a lawyer. I'd at least ask them what they plan to do first, then if they don't talk right, I'd talk to a lawyer.
I was at the Chevrolet dealership one day when a mechanic was welding on a Suburban to install running boards. The Suburban caught on fire and shorted out the door locks out so the fire couldn't be put out for a while. Totaled it. It was only a couple of months old. The dealer gave the owner a new truck and an apology with no arguments.
GOOD LUCK.0 -
quote:Originally posted by 1911a1fan
i still feel i was railroaded
You weren't railroaded. You got screwed.0 -
quote:Originally posted by 1911a1fan
i sure wish you armchair lawyers worked for me back in 97, after 2 years of work the judge was out 5 minutes when he came back with his ruling that they where not responsible for my car
this was not my opinion, i guess someone didn't read all my post as to where this actually happened to me, i still have all the documents
I'm not an armchair lawyer. I am a former insurance adjuster with 15 years of handling claims just like this. I am also an arbitration judge and I decide cases just like this all the time.0 -
never the less, it is not 100% open and shut, because it DID HAPPEN TO ME, you guys are gonna make me have to dig this sheet up and scan it aren't you? 0 -
quote:Originally posted by 1911a1fan
never the less, it is not 100% open and shut, because it DID HAPPEN TO ME, you guys are gonna make me have to dig this sheet up and scan it aren't you?
I didn't say I didn't believe it, I just said you got screwed. I've been screwed by a couple of judges myself. [:D]0
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